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04 April 2014
Issue: 7601 / Categories: Case law , Law digest , In Court
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Mental Health

TW v Enfield Borough Council [2014] EWCA Civ 362, [2014] All ER (D) 292 (Mar)

As a matter of construction of s 11(4) of the Mental Health Act 1983, when an approved social worker was considering whether it was “reasonably practicable” to consult the nearest relative before making an application to admit a mental patient pursuant to the 1983 Act, the section imposed on the social worker an obligation to strike a balance between the patient’s rights under Art 5 of the European Convention on Human Rights not to be detained unless that was done by a procedure that was in accordance with the law and the patient’s rights under Art 8 to his private life. A patient’s assertion, even if founded on fact and even if reasonable, that consultation would lead to an infringement of her rights under art 8 of the Convention could not, as a matter of law, lead automatically to the conclusion that it was “not reasonably practicable” to consult the “nearest relative”. Nor was an approved social worker’s conclusion that such consultation

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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